Jessica Arcement v. Blue Bayou Waterpark, LLC

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JESSICA ARCEMENT, LAUREN NO. 2021 CW 0404 CHAGNARD, AMANDA CONRAD, AND CONSOLIDATED WITH WENDELL CONRAD

VERSUS NO. 2021 CW 0605

BLUE BAYOU WATERPARK, LLC JULY 6, 2021 AND DIXIE LANDIN, LLC

In Re: Jessica Arcement, Lauren Chagnard, and Amanda Conrad,

applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 648, 978.

BEFORE: CHUTZ, PENZATO, AND LANIER, JJ.

WRIT GRANTED IN PART, DENIED IN PART. The portion of the

trial court' s March 15, 2021 judgment that granted in part

defendants' Daubert Motion to Exclude the Report and Anticipated

Testimony of William Avery is vacated. The trial court' s

failure to comply with La. Code Civ. P. art. 1425( F) constitutes

legal error. Robertson v. Doug Ashy Building Materials, Inc.,

2010- 1552 ( La. App. 1st Cir. 10/ 4/ 11), 77 So. 3d 339, 358- 359, writs denied, 2011- 2430, 2011- 2468 ( La. 1/ 13/ 12), 77 So. 3d 972, 973. This matter is remanded to the trial court. In all other respects, the writ application is denied.

WRC AHP WIL

PA.4 1/

Ik DEPUTYLPRKOF COURT FOR THE COURT